Aluminum Co. of America

National Labor Relations Board - Board Decisions

Mar 4, 1943

47 N.L.R.B. 1321 (N.L.R.B. 1943)

In the Matter of ALUMINUM ORE COMPANY, SUBSIDIARY OF ALUMINUM
COMPANY OF AMERICA and INTERNATIONAL UNION, ALUMINUM
WORKERS OF AMERICA, AFFILIATED WITH CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-4872.-Decided March 4, 1943
Jurisdiction : aluminum-oxide producing industry,
Investigation and Certification of Representatives : existence of question: rec-
ognition refused without certification of Board ; immediate election directed
notwithstanding objection of one of the labor organizations, when plant was
in operation, 50 per cent of its personnel were already employed, and full
complement would not be reached for six months ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, with specified inclusions and exclusions ; stipulation as to.
Messrs. George A. Rohl fang and L. H. Crudden, both of Bauxite,
Ark., for the Company.
Messrs. N. A. Zonarich, of Little Rock, Ark., and R. W. Goddard,
of Benton, Ark., for the C. I. O.
Messrs. Eddie R. Stahl, of Little Rock, Ark., and Frank R. Meyers,
of Pittsburgh, Pa., for the A. F. L.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, Aluminum
Workers of America, C. I. 0., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Aluminum Ore Company, Subsidiary of
Aluminum Company of America, Bauxite, Arkansas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing before J. Michael Early, Trial Examiner. Said hear-
ing was held at. Little Rock, Arkansas, on February 8, 1943. The
Company, the C. I. 0., and Aluminum Workers Union, Local 23265,
affiliated with the American Federation of Labor, herein called the
A. F. L., appeared, participated, and were afforded full opportunity
47 N. L. R. B., No. 168.
1321
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following.:
FIN DINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Aluminum Ore Company, a subsidiary of Aluminum Company of
America, is a Delaware corporation engaged in refining bauxite to,
produce aluminum-oxide. For this purpose it operates a plant at
Bauxite, Arkansas, with which we are herein concerned. During the
year 1942 over 50 percent of the raw materials used by the Company,
,at its Bauxite plant, was shipped to it from points outside the State
,of Arkansas.' Duiiing the same period, approximately 55 percent of
the finished product was shipped by the compai y.to-poirits,•oett ide
the State of Arkansas. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, Aluminum Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Aluminum Workers Union, Local 23265,' is a labor organization
affiliated with ,the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either the A. F. L. or the C. I. O.
as the bargaining representative of the employees unless certified by
the Board.
A, statement of the Trial Examiner, read into the record, indicates
that the A. F. L. and the C. I. O. each represents a substantial num-
ber of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
' The Trial Examiner reported that the C I 0 submitted designation cards bearing ap-
parently geruine signatures containing 43 3 percent of the names of employees appearing
upon the pay roll of the Company of January 25, 1943 Hu tut the. reported that the A. F.,L
submitted designation cards bearing apparently genuine signatures containing 399 per-
cent of the names appearing upon the aforementioned pay roll.
_ -ALUMINUM ORE COMPANY 1323
IV. THE,-APPROPRIATE -UNIT'
In accordance with the stipulation of The parties, we find that' 11
maintenance and production employees of the Compaliy,, -at its
Bauxite, Arkansas, plant, including those listed in Appendix "A"
attached hereto, but excluding ,all salaried employees, watchmen,
guards, supervisory employees, technical employees, office employees,
and confidential employees, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF'REPRESENTATIVES'
At the date of the hearing, the plant here involved was in operation
and at least 50 percent of the contemplated staff was employed. The
Company anticipates that by September 1943, the major part of con-
struction will have been - completed and most of . the. personnel'lwill
have 'been hired. The A. F. L: (contends that no election should be
directed at this time\of the ground that a certification would be pre-
mature, in that a large number of workers who are expected to be`
,employed would have no voice in the choice of their representatives.
The C. I. O. desires an immediate election. The Company takes no
position on this question. In view of the fact that the Company is
in actual operations and since at least 50 percent of its personnel are
already employed, we are of the opinion that the present employees
should not be deprived of their right to bargain collectively with the
Company at the present time. Accordingly, we shall proceed with
an immediate determination of representatives. We shall direct,
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among- the employees in the
appropriate unit; who were employed during the pay-roll period im-
mediately preceding the date of our Direction of Election, subject
to the limitations and additions set forth therein.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Aluminum Ore
Company, Subsidiary of Aluminum Company of America, Bauxite,
Arkansas, , an election by secret ballot shall be conducted as early. as
possible, but not later than thirty (30) days from, the date of this
Direction, under-the direction and supervision of the Regional Director
-1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the Fifteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
any such employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and 'in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding any who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Aluminum Workers Union, Local 23265, affiliated
with the American Federation of Labor, or International Union,
Aluminum Workers of America, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining, or
by neither.
APPENDIX "A"
Janitors
Plant oilers
Laboratory employees
Storeroom employees
Meter department employees
Garage employees
Powerhouse employees
Miscellaneous employees
Digestion department employees
Clarification department employees
Precipitation department employees,'
Calcine department employees
Raw materials department employees
Maintenance department employees
Sheet-metal department employees